Myth: Injury Lawsuits Are Frivolous
Click below for the truths behind the common myths associated with personal injury, or tort, lawsuits.
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In Lieback’s case she suffered third degree burns from the coffee, which was served between 180-190 degrees Fahrenheit. Liquid at that temperature causes third degree burns within seconds. McDonalds not only knew this but also had over 700 similar complaints over the span of 10 years and still did nothing to correct the issue. McDonalds’ went as far as to say that the 700 injured customers were “statistically trivial” in the grand scheme of all their coffee sales so therefore, there was no need to make any changes. The reason for keeping their coffee at that temperature was to increase the shelf life of it, alleviating the need to dispose of the coffee as often. McDonald's knew the coffee imposed danger on it's customers but felt that saving money was more important. Even after the 700 injuries and at the start of this lawsuit McDonald's testified that they had no intentions of changing the temperature of their coffee.
Lieback and McDonald's entered a 'secret settlement' meaning that Lieback could not discuss the amount she received from the settlement or any facts of the case. Lieback only ever asked for $20,000 to cover the cost of her medical bills, McDonald's offered her $800; the judge then suggested McDonald's settle for $200,000, McDonald's refused, taking this matter to trial. The jury then decided to impose a $2.7 million punitive damage award against McDonald's (the amount of two days of McDonald's coffee sales) due to their reckless outrageous behavior. The last number is all that is reported on even though Lieback didn't actually receive that amount, in fact she recieved far less because the judge felt $2.7 million was excessive. Just because a jury imposes a high amount doesn't mean the plaintiff gets paid that amount. Click for more information on punitive damages.
Why does America "know" so much about this case if Lieback wasn't allowed to discuss it? Because McDonald's was allowed to discuss it, and they chose to discuss only the parts that benefit them. Big business jumped on the bandwagon and supported McDonald's in the case, taking only the facts that would support Tort Reform. Why? Because Tort Reform would place caps, or limits, on injury lawsuit settlements ensuring that people, doctors, and businesses would never have to pay over a certain amount, set by the government, if they are found guilty of reckless outrageous behavior. This lets negligent parties get away with their wreckless behavior leaving no need for them to change how they do things.
The day after Lieback won her case McDonalds lowered the required temperature of their coffee from 190 to 158 degrees. The lower temperature takes about a minute to cause severe burns as opposed to seconds. The important thing to take away from this highly publicized case is not the fact or the amount that Lieback won; it’s that Tort lawsuits are necessary for change; change from small businesses, change from big corporations, changes to the way people operate vehicles, and ultimately, changes to make the world we live in a safer place.
Information on the Hot Coffee case was found in interviews with Susan Saladoff, the film "Hot Coffee," and on the film's website. To learn more about the Hot Coffee case, film, the issues connected to it, and it's director Susan Saladoff visit hotcoffeethemovie.com.
Just as your life has been altered after your injury, so should the behaviors or practices of the people who caused it be altered. It is your right to try and get these changes made. Further, it is your right to do so without being ridiculed and made to feel like a fool, as was the case with Stella Lieback. The attorneys at The Pisanchyn Law Firm, who are skilled in the area of personal injury, are here to help you get the justice and compensation you deserve. Please, call us now either locally or toll free: 1-866-427-4652 with any questions or concerns you may have.
